Welcome to Midlands State University Library

Court Judgements



Browse all Court Judgements
The applicant and respondent’s late father were boyfriend and girlfriend who had been together as life partners for a period spanning over 14 years. They jointly purchased the immovable property in which applicant currently resides. Applicant was awarded a lifelong usufruct over the property. Upon his father’s death, respondent was appointed executor of his Estate. The estate also has a half share of the property known as number 2 Vair Close, Burniside Bulawayo. Respondent frequently visits the property to ensure that the property is well looked after. The applicant approached the Magistrates’ Court in terms of the Domestic Violence Act... More

This is an urgent chamber application in which the applicant seeks an order that:- INTERIM RELIEF Pending the determination of this matter, the applicant is granted the following interimrelief -: 1. That the respondent be and is hereby ordered to sign the affidavit required of him annexed to this application at Annexure K1 which affidavit authorises that Jodi Ann Trombas be permitted to travel with the Hellenic School Hockey Tour travelling to South Africa on the 3rdof May 2017 and returning to Zimbabwe with her mother, the applicant on the 15th of May 2017. More

The Applicant submits that he was employed by 2nd Respondent as a Mechanic at its Mining site in Mutoko. On 21 April 2022 2nd Respondent summarily dismissed him from work. The Applicant challenged the dismissal and was reinstated to his position with effect from 27 July, 2022. Applicant submits that upon his return, he only worked for two days and on 3rd August 2020 he was advised to stop working. He was later chased from the company premises after he resisted the 1st respondent’s effort to have him resign on his own. On 10 August 2022 he wrote to 2nd... More

The right to citizenship is one of the most fundamental rights of any human being. In terms of the 2013 Constitution a citizen has rights but also responsibilities. The rights as per section 35(3) (a-b) include the right to the protection of the State wherever they may be; to passports and other travel documents and to birth certificates and other identity documents issued by the State. More

Both plaintiffs are employees of the Reserve Bank of Zimbabwe. On 21 October 2008 they were traveling from Mutare to Harare in a Toyota Camry registration number ABF 9500 in the course of duty. More

This is an Acquillian action arising from a sordid story of an innocent 12 year old by-stander whose foot was crashed by a falling robot pole. Plaintiff instituted proceedings against all defendants claiming an order for: (i) Medical and hospital expenses (past) US$6 887,00. (ii) Future medical expenses US$567 700,00. (iii) Pain and suffering (past and prospective) US$70 000,00. (iv) Permanent bodily disfigurement US$80 000,00. (v) Loss of amenities US$70 000,00 and (vi) Interest at the prescribed rate from 17 November 2011; and (vii) Costs on an attorney and client scale. More

The two appellants who were police officers stationed at Southerton Police Station, Harare, were jointly charged with the offence of contravening section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More

MAWADZE J: This is an opposed application wherein the applicant seeks the following relief: “IT IS ORDERED THAT: 1. The will dated 21 November 2005, purportedly signed by the late Nellie Helen Morris appointing the respondent ((first respondent) the executrix testamentary and bequeathing the entire estate to same be and is hereby null and void and therefore of no force and effect (sic). 2. The respondent shall pay costs of suit” (sic). More

The applicant seeks stay of execution pending the outcome of an application for rescission of judgment. More

The appellant was arraigned before the Regional Magistrate Rusape facing allegations of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act[Chapter 9:23], in that on 22 October 2019 and at House number 399 Tsanzaguru Rusape, the accused unlawfully had sexual intercourse with Tanatswa Tandi a female juvenile aged 16 without her consent or knowing that she had not consented to it or realising that there was a real risk or possibility that she might not have consented to it. Having pleaded not guilty the matter proceeded to a fully fledged trial. The appellant was found... More

Due to the COVID-19 pandemic this is a matter which I indicated to the parties that I would determine on the papers without hearing oral submissions. The directions that I gave for the filing of papers including heads of argument were duly complied with. I am indebted to the applicant and the first respondent’s counsel for that. The second respondent which is the Reserve Bank of Zimbabwe N.O (RBZ) did not respond to the application. More

: In essence this is a dispute over ownership of an immovable property known as stand 750 Greystone Township 10 of Greystone A, Harare which is also known as 750 Gaydon Road Greystone Park, Harare. It is a case which graphically illustrates the conundrum of deploying incorporation laws and rules to register ownership of immovable property, a favourite pastime of many business people in this country. It is a habit usually informed by a desire to take advantage of the protection afforded by company law, in particular that an incorporation once incorporated, has the capacity of a natural person in... More

The applicants seek, by court application, an order confirming the cancellation of a sale agreement involving shares entered into between the first applicant and the respondent on 11 October 2011 and the eviction of the respondent from stand 750 Greystone Township of Greystone A, Harare as well as costs of suit on a legal practitioner and client scale. More

This is an appeal against an arbitral award. The appellant was engaged by the respondent sometime in January 2014 until May 2014 in the capacity of a welder. When such engagement was terminated, the appellant lodged a complaint with the Ministry of Labour. Failing conciliation, the dispute was referred to arbitration with the following terms of reference; a) To determine whether or not the claimant was an employee and remedy thereof. b) To determine whether or not claimant was lawfully dismissed, if he was an employee and the remedy thereof. c) To determine whether or not he was paid public... More

The plaintiff, an incorporation involved in the business of repairing and servicing motor vehicles, contracted the defendant, another incorporation which prides itself as the only company in Zimbabwe with the expertise to supply and fix industrial interlocking rubber tiles, to supply and fix such industrial interlocking rubber tiles at its service workshop at the corner of Robson Manyika Avenue and Julius Nyerere Street in Harare sometime in May 2010. More